|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the continuation and functions of the Texas Department |
|
of Transportation; providing penalties. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. (a) Section 201.003, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 201.003. TITLE AND ORGANIZATIONAL CHANGES. (a) A |
|
reference in law to the State Highway Department, Texas Highway |
|
Department, or State Department of Highways and Public |
|
Transportation means the Texas Department of Transportation. |
|
(b) A reference in law to the State Highway Commission, [or] |
|
State Highway and Public Transportation Commission, or Texas |
|
Transportation Commission means the commissioner of transportation |
|
[Texas Transportation Commission]. |
|
(c) A reference in law to the State Highway Engineer, the |
|
[or] State Engineer-Director for Highways and Public |
|
Transportation, or [means] the director of the Texas Department of |
|
Transportation means the commissioner of transportation. |
|
(d) A reference in law to the chair of the commission means |
|
the commissioner of transportation [means the chair of the
|
|
commission]. |
|
(e) A [reference in] law that authorizes the Texas |
|
Transportation Commission to authorize the director of the Texas |
|
Department of Transportation to take an action shall be construed |
|
to authorize the commissioner of transportation to take that action |
|
[to a member of the commission means a commissioner]. |
|
(b) This section takes effect on the date the initial |
|
commissioner of transportation takes office. |
|
SECTION 2. (a) Subchapter B, Chapter 201, Transportation |
|
Code, is amended to read as follows: |
|
SUBCHAPTER B. COMMISSIONER OF [TEXAS] TRANSPORTATION [COMMISSION] |
|
Sec. 201.051. COMMISSIONER [COMMISSION]. (a) The |
|
commissioner is appointed by the governor with the advice and |
|
consent of the senate for a term of two years that expires February |
|
1 of each odd-numbered year. If the governor does not appoint the |
|
commissioner before February 28 of an odd-numbered year, the |
|
lieutenant governor shall appoint the commissioner. A commissioner |
|
appointed by the lieutenant governor is not subject to confirmation |
|
by the senate. [Texas Transportation Commission consists of five
|
|
members appointed by the governor with the advice and consent of the
|
|
senate.] |
|
(b) The commissioner may not accept a contribution to a |
|
campaign for election to an elected office. If the commissioner |
|
accepts a campaign contribution, the person is considered to have |
|
resigned from the office and the office immediately becomes vacant. |
|
The vacancy shall be filled in the manner provided by law [members
|
|
shall be appointed to reflect the diverse geographic regions and
|
|
population groups of this state. One member must reside in a rural
|
|
area]. |
|
(b-1) A member of the commission may not accept a |
|
contribution to a campaign for election to an elected office. If a |
|
commissioner accepts a campaign contribution, the person is |
|
considered to have resigned from the office and the office |
|
immediately becomes vacant. The vacancy shall be filled in the |
|
manner provided by law. This subsection expires on the date |
|
Subsection (b) takes effect. |
|
(c) A [Each member of the commission must represent the
|
|
general public.
|
|
[(d) Except as provided by Subsection (e), a] person is not |
|
eligible to serve [for appointment] as commissioner [a member of
|
|
the commission] if the person or the person's spouse: |
|
(1) is employed by or participates in the management |
|
of a business entity or other organization that is regulated by or |
|
receives funds from the department; |
|
(2) directly or indirectly owns or controls more than |
|
10 percent interest in a business entity or other organization that |
|
is regulated by or receives funds from the department; |
|
(3) uses or receives a substantial amount of tangible |
|
goods, services, or funds from the department, other than |
|
compensation or reimbursement authorized by law for [commission
|
|
membership, attendance, or] expenses; or |
|
(4) is registered, certified, or licensed by the |
|
department. |
|
(d) [(f)] An officer, employee, or paid consultant of a |
|
Texas trade association in the field of road construction or |
|
maintenance, aviation, or outdoor advertising is not eligible to |
|
serve as commissioner [or a Texas trade association of automobile
|
|
dealers may not be a member of the commission]. |
|
(e) [(g)] The spouse of an officer, manager, or paid |
|
consultant of a Texas trade association in the field of road |
|
construction or maintenance, aviation, or outdoor advertising is |
|
not eligible to serve as commissioner [or a Texas association of
|
|
automobile dealers may not be a member of the commission]. |
|
(f) [(h)] A person required to register as a lobbyist under |
|
Chapter 305, Government Code, because of the person's activities |
|
for compensation on behalf of a profession related to the operation |
|
of the department is not eligible to serve as commissioner [may not
|
|
serve as a member of the commission]. |
|
(g) The appointment of the commissioner [(i)
Appointments
|
|
to the commission] shall be made without regard to race, color, |
|
disability, sex, religion, age, or national origin of the appointee |
|
[appointees and shall reflect the diversity of the population of
|
|
the state as a whole]. |
|
(h) [(j)] In this section, "Texas trade association" means a |
|
[nonprofit,] cooperative[,] and voluntarily joined statewide |
|
association of business or professional competitors in this state |
|
designed to assist its members and its industry or profession in |
|
dealing with mutual business or professional problems and in |
|
promoting their common interest. |
|
(i) The commissioner is a successor to the Texas |
|
Transportation Commission for all purposes, including for the |
|
purposes of the following sections of Article III, Texas |
|
Constitution: |
|
(1) Sections 49-k, 49-l, and 49-m; |
|
(2) Section 49-n, as added by H.J.R. 28, Acts of the |
|
78th Legislature, Regular Session, 2003; and |
|
(3) Sections 49-o and 49-p. |
|
Sec. 201.052. CERTAIN DUTIES. (a) [TERMS. Members of the
|
|
commission serve staggered six-year terms, with the terms of either
|
|
one or two members expiring February 1 of each odd-numbered year.
|
|
[Sec.
201.053.
CHAIR OF THE COMMISSION. (a) The governor
|
|
periodically shall designate one commissioner as the chair of the
|
|
commission, who shall serve as presiding officer of the commission.
|
|
[(b)] The commissioner [chair] shall: |
|
(1) [preside over commission meetings, make rulings on
|
|
motions and points of order, and determine the order of business;
|
|
[(2)] represent the department in dealing with the |
|
governor; |
|
(2) [(3)] report to the governor on the state of |
|
affairs of the department at least quarterly; |
|
(3) [(4)
report to the commission the governor's
|
|
suggestions for department operations;
|
|
[(5)] report to the governor on efforts, including |
|
legislative requirements, to maximize the efficiency of department |
|
operations through the use of private enterprise; |
|
(4) [(6)] periodically review the department's |
|
organizational structure and submit recommendations for structural |
|
changes to the governor[, the commission,] and the Legislative |
|
Budget Board; |
|
(5) [(7)] designate one or more employees of the |
|
department as a civil rights division of the department and receive |
|
regular reports from the division on the department's efforts to |
|
comply with civil rights legislation and administrative rules; |
|
(6) [(8)
create subcommittees, appoint commissioners
|
|
to subcommittees, and receive the reports of subcommittees to the
|
|
commission as a whole;
|
|
[(9)] appoint a deputy commissioner to act in the |
|
commissioner's [chair's] absence; and |
|
(7) [(10)] serve as the departmental liaison with the |
|
governor and the Office of State-Federal Relations to maximize |
|
federal funding for transportation. |
|
(b) Subject to the General Appropriations Act, the |
|
commissioner may employ any additional personnel necessary for the |
|
department to perform the department's duties under this chapter. |
|
[Sec.
201.054.
COMMISSION MEETINGS.
The commission shall
|
|
hold regular meetings at least once a month and special meetings at
|
|
the call of the chair.
Commissioners shall attend the meetings of
|
|
the commission. The chair shall oversee the preparation of an
|
|
agenda for each meeting and ensure that a copy is provided to each
|
|
commissioner at least seven days before the meeting.
|
|
[Sec.
201.0545.
RECOMMENDATIONS TO LEGISLATURE.
(a)
The
|
|
commission shall consider ways in which the department's operations
|
|
may be improved and may periodically report to the legislature
|
|
concerning potential statutory changes that would improve the
|
|
operation of the department.
|
|
[(b)
On behalf of the commission, the chair shall report to
|
|
the governor, the lieutenant governor, the speaker of the house of
|
|
representatives, and the presiding officers of relevant
|
|
legislative committees on legislative recommendations adopted by
|
|
the commission and relating to the operation of the department.] |
|
Sec. 201.053 [201.056]. COMPENSATION. The commissioner [A
|
|
member of the commission] is entitled to compensation as provided |
|
by the General Appropriations Act. [If compensation for members is
|
|
not provided by that Act, each member is entitled to reimbursement
|
|
for actual and necessary expenses incurred in performing functions
|
|
as a member of the commission.] |
|
Sec. 201.054 [201.057]. GROUNDS FOR REMOVAL. (a) It is a |
|
ground for removal [from the commission] if the [a] commissioner: |
|
(1) does not have at the time of taking office |
|
[appointment] or maintain during service as commissioner [on the
|
|
commission] the qualifications required by Section 201.051; |
|
(2) violates a prohibition provided by Section |
|
201.051; or |
|
(3) cannot discharge the commissioner's duties for a |
|
substantial part of the term for which the commissioner is |
|
appointed because of illness or disability[; or
|
|
[(4)
is absent from more than half of the regularly
|
|
scheduled commission meetings that the commissioner is eligible to
|
|
attend during a calendar year, unless the absence is excused by
|
|
majority vote of the commission]. |
|
(b) The validity of an action of the commissioner or |
|
department [commission] is not affected by the fact that it is taken |
|
when a ground for removal of the [a] commissioner exists. |
|
[(c)
If the director knows that a potential ground for
|
|
removal exists, the director shall notify the chair of the
|
|
commission of the ground, and the chair shall notify the governor
|
|
and the attorney general that a potential ground for removal
|
|
exists. If the potential ground for removal relates to the chair,
|
|
the director shall notify another commissioner, who shall notify
|
|
the governor and the attorney general that a potential ground for
|
|
removal exists.] |
|
Sec. 201.055 [201.058]. INFORMATION ON QUALIFICATIONS AND |
|
CONDUCT. The department shall provide to the commissioner [members
|
|
of the commission], as often as necessary, information concerning |
|
the commissioner's [members'] qualifications for office and the |
|
commissioner's [under Subchapter B and their] responsibilities |
|
under applicable laws relating to standards of conduct for state |
|
officers. |
|
Sec. 201.056 [201.059]. TRAINING ON DEPARTMENT AND CERTAIN |
|
LAWS RELATING TO DEPARTMENT. (a) To be eligible to take office as |
|
commissioner [a member of the commission], a person appointed as |
|
commissioner [to the commission] must complete [at least one course
|
|
of] a training program that complies with this section. |
|
(b) The training program must provide information to the |
|
person regarding: |
|
(1) this subchapter; |
|
(2) the programs operated by the department; |
|
(3) the role and functions of the department; |
|
(4) the rules of the department, with an emphasis on |
|
the rules that relate to disciplinary and investigatory authority; |
|
(5) the current budget for the department; |
|
(6) the results of the most recent formal audit of the |
|
department; |
|
(7) the requirements of the: |
|
(A) open meetings law, Chapter 551, Government |
|
Code; |
|
(B) open records law, Chapter 552, Government |
|
Code; and |
|
(C) administrative procedure law, Chapter 2001, |
|
Government Code; |
|
(8) the requirements of the conflict of interest laws |
|
and other laws relating to public officials; and |
|
(9) any applicable ethics policies adopted by the |
|
department [commission] or the Texas Ethics Commission. |
|
[(c)
A person appointed to the commission is entitled to
|
|
reimbursement for travel expenses incurred in attending the
|
|
training program, as provided by the General Appropriations Act and
|
|
as if the person were a member of the commission.] |
|
(b) Not later than December 1, 2011, the governor shall |
|
appoint the initial commissioner of transportation to a term |
|
expiring February 1, 2013. This subsection takes effect September |
|
1, 2011. |
|
(c) On the date the initial commissioner of transportation |
|
that is appointed under this section takes office, the Texas |
|
Transportation Commission is abolished. |
|
(d) Section 201.051(b-1), Transportation Code, as added by |
|
this Act, takes effect September 1, 2011. |
|
(e) The commissioner of transportation succeeds to all |
|
powers, duties, rights, and obligations of the Texas Transportation |
|
Commission, and the abolition of the Texas Transportation |
|
Commission does not affect the validity of any right, duty, |
|
decision, rule, or action of any kind taken by or under the |
|
authority of the commission. |
|
(f) Except as provided by Subsections (b) and (d) of this |
|
section, this section takes effect on the date the initial |
|
commissioner of transportation takes office. |
|
SECTION 3. Section 201.102, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 201.102. DIVISION [SEPARATION] OF RESPONSIBILITIES. |
|
The commissioner [commission] shall develop and implement policies |
|
that clearly define [separate] the respective [policy-making] |
|
responsibilities of the commissioner [commission] and the |
|
[management responsibilities of the director and] staff of the |
|
department. |
|
SECTION 4. Subchapter C, Chapter 201, Transportation Code, |
|
is amended by adding Section 201.118 to read as follows: |
|
Sec. 201.118. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE |
|
RESOLUTION PROCEDURES. (a) The commission shall develop and |
|
implement a policy to encourage the use of: |
|
(1) negotiated rulemaking procedures under Chapter |
|
2008, Government Code, for the adoption of department rules; and |
|
(2) appropriate alternative dispute resolution |
|
procedures under Chapter 2009, Government Code, to assist in the |
|
resolution of internal and external disputes under the department's |
|
jurisdiction. |
|
(b) The department's procedures relating to alternative |
|
dispute resolution must conform, to the extent possible, to any |
|
model guidelines issued by the State Office of Administrative |
|
Hearings for the use of alternative dispute resolution by state |
|
agencies. |
|
(c) The department shall: |
|
(1) coordinate the implementation of the policy |
|
adopted under Subsection (a); |
|
(2) provide training as needed to implement the |
|
procedures for negotiated rulemaking or alternative dispute |
|
resolution; and |
|
(3) collect data concerning the effectiveness of those |
|
procedures. |
|
SECTION 5. (a) Section 201.202, Transportation Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) A person designated by the commission as the |
|
department's chief financial officer must report directly to the |
|
commission. |
|
(b) This section takes effect on the date the initial |
|
commissioner of transportation takes office. |
|
SECTION 6. Section 201.204, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 201.204. SUNSET PROVISION. The Texas Department of |
|
Transportation is subject to Chapter 325, Government Code (Texas |
|
Sunset Act). Unless continued in existence as provided by that |
|
chapter, the department is abolished September 1, 2015 [2011]. |
|
SECTION 7. Subchapter D, Chapter 201, Transportation Code, |
|
is amended by adding Sections 201.210 and 201.211 to read as |
|
follows: |
|
Sec. 201.210. LEGISLATIVE LOBBYING. (a) In addition to |
|
Section 556.006, Government Code, the commission or a department |
|
employee may not use money under the department's control or engage |
|
in an activity to influence the passage or defeat of legislation. |
|
(b) Violation of Subsection (a) is grounds for dismissal of |
|
an employee. |
|
(c) This section does not prohibit the commission or |
|
department employee from using state resources to: |
|
(1) provide public information or information |
|
responsive to a request; or |
|
(2) communicate with officers and employees of the |
|
federal government in pursuit of federal appropriations. |
|
Sec. 201.211. ETHICS AFFIRMATION AND HOTLINE. (a) A |
|
department employee shall annually affirm the employee's adherence |
|
to the ethics policy adopted under Section 572.051(c), Government |
|
Code. |
|
(b) The department shall establish and operate a telephone |
|
line to be known as the Ethics Hotline that enables a person to call |
|
the hotline number, anonymously or not anonymously, to report an |
|
alleged violation of the ethics policy adopted under Section |
|
572.051(c), Government Code. |
|
SECTION 8. The heading to Subchapter E, Chapter 201, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER E. STATE ROAD MAP; UNIVERSITY LABORATORIES [DIRECTOR] |
|
SECTION 9. Section 201.301, Transportation Code, is amended |
|
by adding Subsection (f) to read as follows: |
|
(f) This section expires December 1, 2011. |
|
SECTION 10. Section 201.401(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A person may not be an employee of the department who is |
|
employed in a "bona fide executive, administrative, or professional |
|
capacity," as that phrase is used for purposes of establishing an |
|
exemption to the overtime provisions of the federal Fair Labor |
|
Standards Act of 1938 (29 U.S.C. Section 201 et seq.), [exempt from
|
|
the state's position classification plan or compensated at or above
|
|
the amount prescribed by the General Appropriations Act for step 1,
|
|
salary group 17, of the position classification salary schedule] if |
|
the person is: |
|
(1) an officer, employee, or paid consultant of a |
|
Texas trade association[:
|
|
[(A)] in the field of road construction or |
|
maintenance or outdoor advertising; or |
|
[(B) of automobile dealers; or] |
|
(2) the spouse of an officer, manager, or paid |
|
consultant described by Subdivision (1). |
|
SECTION 11. Section 201.404(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) The director or the director's designee shall develop a |
|
system of annual performance evaluations that are based on |
|
documented employee performance. All merit pay for department |
|
employees must be based on the system established under this |
|
subsection. If an annual performance evaluation indicates that an |
|
employee's performance is unsatisfactory, the commission shall |
|
consider whether the employee should be terminated. The annual |
|
performance evaluations developed under this subsection must |
|
include the evaluation of an employee's: |
|
(1) professionalism; |
|
(2) diligence; and |
|
(3) responsiveness to directives and requests from the |
|
commission and the legislature. |
|
SECTION 12. Section 201.601, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 201.601. STATEWIDE TRANSPORTATION PLAN. (a) The |
|
department shall develop a statewide transportation plan covering a |
|
period of 24 years that contains all modes of transportation, |
|
including: |
|
(1) highways and turnpikes; |
|
(2) aviation; |
|
(3) mass transportation; |
|
(4) railroads and high-speed railroads; and |
|
(5) water traffic. |
|
(a-1) The plan must: |
|
(1) contain specific, long-term transportation goals |
|
for the state and measurable targets for each goal; |
|
(2) identify priority corridors, projects, or areas of |
|
the state that are of particular concern to the department in |
|
meeting the goals established under Subdivision (1); and |
|
(3) contain a participation plan specifying methods |
|
for obtaining formal input on the goals and priorities identified |
|
under this subsection from: |
|
(A) other state agencies; |
|
(B) political subdivisions; |
|
(C) local transportation entities; and |
|
(D) the general public. |
|
(b) [In developing the plan, the department shall seek
|
|
opinions and assistance from other state agencies and political
|
|
subdivisions that have responsibility for the modes of
|
|
transportation listed by Subsection (a).] As appropriate, the |
|
department and the entities listed in Subsection (a-1)(3) [such an
|
|
agency or political subdivision] shall enter into a memorandum of |
|
understanding relating to the planning of transportation services. |
|
(c) The plan must include a component that is not |
|
financially constrained and identifies transportation improvements |
|
designed to relieve congestion. In developing this component of |
|
the plan, the department shall seek opinions and assistance from |
|
officials who have local responsibility for modes of transportation |
|
listed in Subsection (a). |
|
(d) [The plan shall include a component, published
|
|
annually, that describes the evaluation of transportation
|
|
improvements based on performance measures, such as indices
|
|
measuring delay reductions or travel time improvements.] The |
|
department shall consider the goals and measurable targets |
|
established under Subsection (a-1)(1) [the performance measures] |
|
in selecting transportation projects [improvements]. |
|
(e) The department annually shall provide to the lieutenant |
|
governor, the speaker of the house of representatives, and the |
|
chair of the standing committee of each house of the legislature |
|
with primary jurisdiction over transportation issues an analysis of |
|
the department's progress in attaining the goals under Subsection |
|
(a-1)(1). The department shall make the information under this |
|
subsection available on its Internet website. |
|
(f) The department shall update the plan every four years. |
|
SECTION 13. Subchapter H, Chapter 201, Transportation Code, |
|
is amended by adding Sections 201.6015 and 201.620 to read as |
|
follows: |
|
Sec. 201.6015. INTEGRATION OF PLANS AND POLICY EFFORTS. In |
|
developing each of its transportation plans and policy efforts, the |
|
department must clearly reference the 24-year plan under Section |
|
201.601 and specify how the plan or policy effort supports or |
|
otherwise relates to the specific goals under that section. |
|
Sec. 201.620. COORDINATION WITH METROPOLITAN PLANNING |
|
ORGANIZATIONS TO DEVELOP LONG-TERM PLANNING ASSUMPTIONS. The |
|
department shall collaborate with metropolitan planning |
|
organizations to develop mutually acceptable assumptions for the |
|
purposes of long-range federal and state funding forecasts and use |
|
those assumptions to guide long-term planning in the statewide |
|
transportation plan under Section 201.601. |
|
SECTION 14. (a) Section 201.801, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 201.801. [INFORMATION ABOUT DEPARTMENT;] |
|
COMPLAINTS. (a) The department shall maintain a system to promptly |
|
and efficiently act on complaints filed with the department. The |
|
department shall maintain information about the parties to and the |
|
subject matter of a complaint and a summary of the results of the |
|
review or investigation of the complaint and the disposition of the |
|
complaint. |
|
(b) The department shall make information available |
|
describing its procedures for complaint investigation and |
|
resolution [prepare information of public interest describing the
|
|
functions of the department and the department's procedures by
|
|
which a complaint is filed with the department and resolved by the
|
|
department. The department shall make the information available to
|
|
the public and appropriate state agencies]. |
|
[(b)
The commission by rule shall establish methods by which
|
|
consumers and service recipients are notified of the department's
|
|
name, mailing address, and telephone number for directing
|
|
complaints to the department. The commission may provide for that
|
|
notification:
|
|
[(1)
on each registration form, application, or
|
|
written contract for services of an individual or entity regulated
|
|
by the department;
|
|
[(2)
on a sign prominently displayed in the place of
|
|
business of each individual or entity regulated by the department;
|
|
or
|
|
[(3)
in a bill for service provided by an individual or
|
|
entity regulated by the department.] |
|
(c) [The department shall:
|
|
[(1)
keep an information file about each written
|
|
complaint filed with the department that the department has the
|
|
authority to resolve; and
|
|
[(2)
provide the person who filed the complaint, and
|
|
each person or entity that is the subject of the complaint,
|
|
information about the department's policies and procedures
|
|
relating to complaint investigation and resolution.
|
|
[(d)] The department[, at least quarterly and until final
|
|
disposition of a written complaint that is filed with the
|
|
department and that the department has the authority to resolve,] |
|
shall periodically notify the parties to the complaint of its |
|
status until final disposition unless the notice would jeopardize |
|
an undercover investigation. |
|
(d) The commission shall adopt rules applicable to each |
|
division and district to establish a process to act on complaints |
|
filed with the department [(e)
With regard to each complaint filed
|
|
with the department, the department shall keep the following
|
|
information:
|
|
[(1) the date the complaint is filed;
|
|
[(2) the name of the person filing the complaint;
|
|
[(3) the subject matter of the complaint;
|
|
[(4)
a record of each person contacted in relation to
|
|
the complaint;
|
|
[(5)
a summary of the results of the review or
|
|
investigation of the complaint; and
|
|
[(6)
if the department takes no action on the
|
|
complaint, an explanation of the reasons that no action was taken]. |
|
(e) The department shall develop a standard form for |
|
submitting a complaint and make the form available on its Internet |
|
website. The department shall establish a method to submit |
|
complaints electronically. |
|
(f) The department shall develop a method for analyzing the |
|
sources and types of complaints and violations and establish |
|
categories for the complaints and violations. The department shall |
|
use the analysis to focus its information and education efforts on |
|
specific problem areas identified through the analysis. |
|
(g) The department shall: |
|
(1) compile: |
|
(A) detailed statistics and analyze trends on |
|
complaint information, including: |
|
(i) the nature of the complaints; |
|
(ii) their disposition; and |
|
(iii) the length of time to resolve |
|
complaints; and |
|
(B) complaint information on a district and a |
|
divisional basis; and |
|
(2) report the information on a monthly basis to the |
|
division directors, office directors, and district engineers and on |
|
a quarterly basis to the commission. |
|
(b) The commissioner of transportation or the Texas |
|
Transportation Commission shall adopt rules under Section 201.801, |
|
Transportation Code, as amended by this section, not later than |
|
March 1, 2012. |
|
SECTION 15. Section 201.802(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The commission shall develop and implement policies |
|
that provide the public with a reasonable opportunity to appear |
|
before the commission and speak on any issue under the jurisdiction |
|
of the department [commission]. |
|
SECTION 16. (a) Subchapter J, Chapter 201, Transportation |
|
Code, is amended by adding Sections 201.807, 201.808, 201.809, |
|
201.810, and 201.811 to read as follows: |
|
Sec. 201.807. PROJECT INFORMATION REPORTING SYSTEM. (a) |
|
The department shall establish a project information reporting |
|
system that makes available in a central location on the |
|
department's Internet website easily accessible and searchable |
|
information regarding all of the department's transportation |
|
plans, including the unified transportation program required by |
|
Section 201.992. The department shall post information on its |
|
Internet website as required by this subsection as the information |
|
becomes available to the department and in a manner that is not cost |
|
prohibitive. The project information reporting system shall |
|
contain information about: |
|
(1) each department project, including: |
|
(A) the status of the project; |
|
(B) each source of funding for the project; |
|
(C) benchmarks for evaluating the progress of the |
|
project; |
|
(D) timelines for completing the project; |
|
(E) a list of the department employees |
|
responsible for the project, including information to contact each |
|
person on that list; and |
|
(F) the results of the annual review required |
|
under Subsection (d); |
|
(2) each construction work zone for a project that has |
|
a construction phase timeline that exceeds one month or the cost of |
|
which exceeds $5 million, including information about: |
|
(A) the number of lanes that will remain open |
|
during the project's construction phase; |
|
(B) the location and duration of each lane |
|
closure; and |
|
(C) the expected traffic delay resulting from |
|
each lane closure; |
|
(3) road maintenance projects, including: |
|
(A) the criteria for designating a project as a |
|
road maintenance project; and |
|
(B) the condition of each road before the road |
|
maintenance project; and |
|
(4) the department's funds, including each source for |
|
the department's funds and each expenditure made by the department |
|
reported by each: |
|
(A) department district; |
|
(B) program funding category as required by |
|
Section 201.992(b)(2); and |
|
(C) type of revenue, including revenue from a |
|
comprehensive development agreement or a toll project. |
|
(b) In developing the project information reporting system, |
|
the department shall collaborate with: |
|
(1) the legislature; |
|
(2) local transportation entities as defined by |
|
Section 201.991; and |
|
(3) members of the public. |
|
(c) The department shall make the statistical information |
|
provided under this section available on the department's Internet |
|
website in more than one downloadable electronic format. |
|
(d) As a component of the project information reporting |
|
system required by this section, the department shall conduct an |
|
annual review of the benchmarks and timelines of each project |
|
included in the department's transportation plans, including the |
|
unified transportation program, to determine the completion rates |
|
of the projects and whether the projects were completed on time. |
|
(e) The department shall update the information contained |
|
in the project information reporting system on a regular basis, as |
|
specified by commission rule. |
|
Sec. 201.808. TRANSPORTATION EXPENDITURE PRIORITIES. (a) |
|
The department shall develop a process to identify and distinguish |
|
between the transportation projects that are required to maintain |
|
the state infrastructure and the transportation projects that would |
|
improve the state infrastructure in a manner consistent with the |
|
statewide transportation plan required by Section 201.601. |
|
(b) The department shall establish a transportation |
|
expenditure reporting system that makes available in a central |
|
location on the department's Internet website easily accessible and |
|
searchable information regarding the priorities of transportation |
|
expenditures for the identified transportation projects. |
|
(c) The department shall include in the transportation |
|
expenditure reporting system: |
|
(1) a list of the most significant transportation |
|
problems in each department district as described by the statewide |
|
transportation plan developed under Section 201.601, including the |
|
component required by Section 201.601(c); |
|
(2) reports prepared by the department or an |
|
institution of higher education that evaluate the effectiveness of |
|
the department's expenditures on transportation projects to |
|
achieve the transportation goal; |
|
(3) information about the condition of the pavement |
|
for each highway under the jurisdiction of the department, |
|
including: |
|
(A) the international roughness index issued by |
|
the United States Department of Transportation Federal Highway |
|
Administration; and |
|
(B) the percentage of pavement that the |
|
department determines to be in good or better condition; |
|
(4) the condition of bridges, including information |
|
about: |
|
(A) bridges that are structurally deficient or |
|
functionally obsolete; and |
|
(B) bridge condition scores; |
|
(5) information about traffic congestion and traffic |
|
delays, including: |
|
(A) the locations of the worst traffic delays; |
|
(B) the variable travel time for major streets |
|
and highways in this state; and |
|
(C) the effect of traffic congestion on motor |
|
vehicle travel and motor carriers; and |
|
(6) information about the number of traffic accidents, |
|
injuries, and fatalities, including a list of the locations in each |
|
department district for the highest number of traffic accidents, |
|
injuries, or fatalities, as that information becomes available to |
|
the department. |
|
(d) The department shall provide the information made |
|
available under Subsection (c) in a format that allows a person to |
|
conduct electronic searches for information regarding a specific |
|
county, highway under the jurisdiction of the department, or type |
|
of road. |
|
(e) The department shall establish criteria to prioritize |
|
the transportation needs for the state that is consistent with the |
|
statewide transportation plan. |
|
(f) Each department district shall enter information into |
|
the transportation expenditure reporting system, including |
|
information about: |
|
(1) each district transportation project; and |
|
(2) the priority category to which the project has |
|
been assigned according to Section 201.996. |
|
(g) The transportation expenditure reporting system shall |
|
allow a person to compare information produced by that system to |
|
information produced by the project information reporting system. |
|
Sec. 201.809. STATEWIDE TRANSPORTATION REPORT. (a) The |
|
department annually shall evaluate and publish a report about the |
|
status of each transportation goal for this state. The report must |
|
include: |
|
(1) information about the progress of each long-term |
|
transportation goal that is identified by the statewide |
|
transportation plan; |
|
(2) the status of each project identified as a major |
|
priority; |
|
(3) a summary of the number of statewide project |
|
implementation benchmarks that have been completed; and |
|
(4) information about the accuracy of previous |
|
department financial forecasts. |
|
(b) The department shall disaggregate the information in |
|
the report by department district. |
|
(c) The department shall provide a copy of the district |
|
report to each member of the legislature for each department |
|
district located in the member's legislative district, and at the |
|
request of a member, a department employee shall meet with the |
|
member to explain the report. |
|
(d) The department shall provide a copy of each district |
|
report to the political subdivisions located in the department |
|
district that is the subject of the report, including: |
|
(1) a municipality; |
|
(2) a county; and |
|
(3) a local transportation entity as defined by |
|
Section 201.991. |
|
Sec. 201.810. DEPARTMENT INFORMATION CONSOLIDATION. (a) To |
|
the extent practicable and to avoid duplication of reporting |
|
requirements, the department may combine the reports required under |
|
this subchapter with reports required under other provisions of |
|
this code. |
|
(b) The department shall develop a central location on the |
|
department's Internet website that provides easily accessible and |
|
searchable information to the public contained in the reports |
|
required under this subchapter and other provisions of this code. |
|
Sec. 201.811. PUBLIC INVOLVEMENT POLICY. (a) The |
|
department shall develop and implement a policy for public |
|
involvement that guides and encourages public involvement with the |
|
department. The policy must: |
|
(1) provide for the use of public involvement |
|
techniques that target different groups and individuals; |
|
(2) encourage continuous contact between the |
|
department and persons outside the department throughout the |
|
transportation decision-making process; |
|
(3) require the department to make efforts toward: |
|
(A) clearly tying public involvement to |
|
decisions made by the department; and |
|
(B) providing clear information to the public |
|
about specific outcomes of public input; and |
|
(4) apply to all public input with the department, |
|
including input: |
|
(A) on statewide transportation policy-making; |
|
(B) in connection with the environmental process |
|
relating to specific projects; and |
|
(C) into the commission's rulemaking procedures. |
|
(b) The department shall document the number of positive, |
|
negative, or neutral public comments received regarding all |
|
environmental impact statements as expressed by the public through |
|
the department's public involvement process. The department shall: |
|
(1) present this information to the commission in an |
|
open meeting; and |
|
(2) report this information on the department's |
|
Internet website in a timely manner. |
|
(b) Not later than September 1, 2011, the Texas Department |
|
of Transportation shall establish the central location on the |
|
department's Internet website required by Section 201.810, |
|
Transportation Code, as added by this section. |
|
SECTION 17. Chapter 201, Transportation Code, is amended by |
|
adding Subchapter P to read as follows: |
|
SUBCHAPTER P. UNIFIED TRANSPORTATION PROGRAM |
|
Sec. 201.991. DEFINITION. In this subchapter, "local |
|
transportation entity" means any entity that participates in the |
|
transportation planning process. The term includes a metropolitan |
|
planning organization as defined by Section 472.031, a regional |
|
tollway authority organized under Chapter 366, a regional |
|
transportation authority operating under Chapter 452, and a rural |
|
transit district as defined by Section 458.001. |
|
Sec. 201.992. UNIFIED TRANSPORTATION PROGRAM. (a) The |
|
department shall develop a unified transportation program covering |
|
a period of 10 years to guide the development of and authorize |
|
construction of transportation projects. The program must: |
|
(1) annually identify target funding levels; and |
|
(2) list all projects that the department intends to |
|
develop or begin construction of during the program period. |
|
(b) The commission shall adopt rules that: |
|
(1) specify the criteria for selecting projects to be |
|
included in the program; |
|
(2) define program funding categories, including |
|
categories for safety, maintenance, and mobility; and |
|
(3) define each phase of a major transportation |
|
project, including the planning, programming, implementation, and |
|
construction phases. |
|
(c) The department shall publish the entire unified |
|
transportation program and summary documents highlighting project |
|
benchmarks, priorities, and forecasts in appropriate media and on |
|
the department's Internet website in a format that is easily |
|
understandable by the public. |
|
(d) In developing the rules required by this section, the |
|
commission shall collaborate with local transportation entities. |
|
Sec. 201.993. ANNUAL UPDATE TO UNIFIED TRANSPORTATION |
|
PROGRAM. (a) The department shall annually update the unified |
|
transportation program. |
|
(b) The annual update must include: |
|
(1) the annual funding forecast required by Section |
|
201.994; |
|
(2) the list of major transportation projects required |
|
by Section 201.995(b); and |
|
(3) the projects included in each program priority |
|
category established by Section 201.996. |
|
(c) The department shall collaborate with local |
|
transportation entities to develop the annual update to the unified |
|
transportation program. |
|
Sec. 201.994. ANNUAL FUNDING AND CASH FLOW FORECASTS. (a) |
|
The department annually shall: |
|
(1) develop and publish a forecast of all funds the |
|
department expects to receive, including funds from this state and |
|
the federal government; and |
|
(2) use that forecast to guide planning for the |
|
unified transportation program. |
|
(b) The department shall collaborate with local |
|
transportation entities to develop scenarios for the forecast |
|
required by Subsection (a) based on mutually acceptable funding |
|
assumptions. |
|
(c) Not later than September 1 of each year, the department |
|
shall prepare and publish a cash flow forecast for a period of 20 |
|
years. |
|
Sec. 201.995. MAJOR TRANSPORTATION PROJECTS. (a) The |
|
commission by rule shall: |
|
(1) establish criteria for designating a project as a |
|
major transportation project; |
|
(2) develop benchmarks for evaluating the progress of |
|
a major transportation project and timelines for implementation and |
|
construction of a major transportation project; and |
|
(3) determine which critical benchmarks must be met |
|
before a major transportation project may enter the implementation |
|
phase of the unified transportation program. |
|
(b) The department annually shall update the list of |
|
projects that are designated as major transportation projects. |
|
(c) In adopting rules required by this section, the |
|
commission shall collaborate with local transportation entities. |
|
Sec. 201.996. PROGRAM PRIORITY CATEGORIES. (a) The |
|
commission by rule shall establish categories in the unified |
|
transportation program to designate the priority of each project |
|
included in the program and shall assign each project a category. |
|
(b) The department shall collaborate with local |
|
transportation entities when assigning each project included in the |
|
unified transportation program to a category established under |
|
Subsection (a). |
|
(c) The highest priority category within the unified |
|
transportation program must consist of projects designated as major |
|
transportation projects. |
|
Sec. 201.997. FUNDING ALLOCATION. (a) The commission by |
|
rule shall specify the formulas for allocating funds in each |
|
category described by Section 201.992(b)(2). |
|
(b) The commission shall update the formulas established |
|
under this section at least every four years. |
|
Sec. 201.998. FUND DISTRIBUTION. (a) The department shall |
|
allocate funds to the department districts based on the formulas |
|
adopted under Section 201.997. |
|
(b) In distributing funds to department districts, the |
|
department may not exceed the cash flow forecast prepared and |
|
published under Section 201.994(c). |
|
Sec. 201.999. WORK PROGRAM. (a) Each department district |
|
shall develop a consistently formatted work program based on the |
|
unified transportation program covering a period of four years that |
|
contains all projects that the district proposes to implement |
|
during that period. |
|
(b) The work program must contain: |
|
(1) information regarding the progress of projects |
|
designated as major transportation projects, according to project |
|
implementation benchmarks and timelines established under Section |
|
201.995; and |
|
(2) a summary of the progress on other district |
|
projects. |
|
(c) The department shall use the work program to: |
|
(1) monitor the performance of the district; and |
|
(2) evaluate the performance of district employees. |
|
(d) The department shall publish the work program in |
|
appropriate media and on the department's Internet website. |
|
SECTION 18. Section 223.002, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 223.002. NOTICE OF BIDS [BY PUBLICATION]. [(a)] The |
|
department shall give [publish] notice to interested persons |
|
regarding [of] the time and place at which bids on a contract will |
|
be opened and the contract awarded. The commission by rule shall |
|
determine the most effective method for providing the notice |
|
required by this section. |
|
[(b)
The notice must be published in a newspaper published
|
|
in the county in which the improvement is to be made once a week for
|
|
at least two weeks before the time set for awarding the contract and
|
|
in two other newspapers that the department may designate.
|
|
[(c)
Instead of the notice required by Subsection (b), if
|
|
the department estimates that the contract involves an amount less
|
|
than $300,000, notice may be published in two successive issues of a
|
|
newspaper published in the county in which the improvement is to be
|
|
made.
|
|
[(d)
If a newspaper is not published in the county in which
|
|
the improvement is to be made, notice shall be published in a
|
|
newspaper published in the county:
|
|
[(1)
nearest the county seat of the county in which the
|
|
improvement is to be made; and
|
|
[(2) in which a newspaper is published.] |
|
SECTION 19. Subchapter A, Chapter 223, Transportation Code, |
|
is amended by adding Section 223.017 to read as follows: |
|
Sec. 223.017. DESIGN-BUILD CONTRACTS FOR NONTOLLED HIGHWAY |
|
PROJECTS. (a) In this section, "design-build contract" means an |
|
agreement with a private entity for the design and construction, |
|
rehabilitation, expansion, or improvement of a highway project but |
|
does not include the financing or operation of the highway. |
|
(b) The department may enter into a design-build contract |
|
for a nontolled highway project. |
|
(c) Notwithstanding Section 223.0041, if the department |
|
enters into a design-build contract under this section, the |
|
department shall use a competitive procurement process that |
|
provides the best value for the department. |
|
(d) The commission shall adopt rules specifying the |
|
conditions under which a design-build contract may be considered. |
|
In developing rules the commission must address: |
|
(1) the size and complexity of an eligible project; |
|
(2) the time constraints for delivery of an eligible |
|
project; |
|
(3) the level and training of the staff required to |
|
manage an eligible project; and |
|
(4) other factors the commission considers important. |
|
SECTION 20. Section 391.004, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 391.004. DISPOSITION OF FEES [TEXAS HIGHWAY
|
|
BEAUTIFICATION FUND ACCOUNT]. [The Texas highway beautification
|
|
fund account is an account in the general revenue fund.] Money the |
|
commission receives under this chapter shall be deposited to the |
|
credit of the state [Texas] highway [beautification] fund |
|
[account]. The commission shall use money in the state [Texas] |
|
highway [beautification] fund [account] to administer this chapter |
|
and Chapter 394. |
|
SECTION 21. (a) Subchapter A, Chapter 391, Transportation |
|
Code, is amended by adding Section 391.006 to read as follows: |
|
Sec. 391.006. COMPLAINTS; RECORDS. (a) The commission by |
|
rule shall establish procedures for accepting and resolving written |
|
complaints related to outdoor advertising under this chapter. The |
|
rules must include: |
|
(1) a process to make information available describing |
|
the department's procedures for complaint investigation and |
|
resolution, including making information about the procedures |
|
available on the department's Internet website; |
|
(2) a simple form for filing complaints with the |
|
department; |
|
(3) a system to prioritize complaints so that the most |
|
serious complaints receive attention before less serious |
|
complaints; and |
|
(4) a procedure for compiling and reporting detailed |
|
annual statistics about complaints. |
|
(b) The department shall provide to each person who files a |
|
written complaint with the department, and to each person who is the |
|
subject of a complaint, information about the department's policies |
|
and procedures relating to complaint investigation and resolution. |
|
(c) The department shall keep an information file about each |
|
written complaint filed with the department that the department has |
|
authority to resolve. The department shall keep the following |
|
information for each complaint for the purpose of enforcing this |
|
chapter: |
|
(1) the date the complaint is filed; |
|
(2) the name of the person filing the complaint; |
|
(3) the subject matter of the complaint; |
|
(4) each person contacted in relation to the |
|
complaint; |
|
(5) a summary of the results of the review or |
|
investigation of the complaint; and |
|
(6) if the department does not take action on the |
|
complaint, an explanation of the reasons that action was not taken. |
|
(d) If a written complaint is filed with the department that |
|
the department has authority to resolve, the department, at least |
|
quarterly and until final disposition of the complaint, shall |
|
notify the parties to the complaint of the status of the complaint |
|
unless the notice would jeopardize an ongoing department |
|
investigation. |
|
(b) The commissioner of transportation shall adopt rules |
|
under Section 391.006, Transportation Code, as added by this |
|
section, not later than September 1, 2012. |
|
SECTION 22. Subchapter B, Chapter 391, Transportation Code, |
|
is amended by adding Section 391.0355 to read as follows: |
|
Sec. 391.0355. ADMINISTRATIVE PENALTY. (a) In lieu of a |
|
suit to collect a civil penalty, the commission, after notice and an |
|
opportunity for a hearing before the commission, may impose an |
|
administrative penalty against a person who violates this chapter |
|
or a rule adopted by the commission under this chapter. Each day a |
|
violation continues is a separate violation. |
|
(b) The amount of the administrative penalty may not exceed |
|
the maximum amount of a civil penalty under Section 391.035. |
|
(c) A proceeding under this section is a contested case |
|
under Chapter 2001, Government Code. |
|
(d) Judicial review of an appeal of an administrative |
|
penalty imposed under this section is under the substantial |
|
evidence rule. |
|
(e) An administrative penalty collected under this section |
|
shall be deposited to the credit of the state highway fund. |
|
SECTION 23. Section 391.063, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 391.063. LICENSE FEE. The commission may set the |
|
amount of a license fee according to a scale graduated by the number |
|
of units of outdoor advertising and the number of off-premise signs |
|
under Chapter 394 owned by a license applicant. |
|
SECTION 24. Section 391.065(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) For the efficient management and administration of this |
|
chapter and to reduce the number of employees required to enforce |
|
this chapter, the commission shall adopt rules for issuing |
|
standardized forms that are for submission by license holders and |
|
applicants and that provide for an accurate showing of the number, |
|
location, or other information required by the commission for each |
|
license holder's or applicant's outdoor advertising or off-premise |
|
signs under Chapter 394. |
|
SECTION 25. Section 391.066, Transportation Code, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) The commission may deny the renewal of a license |
|
holder's license if the license holder has not complied with the |
|
permit requirements of this chapter or Chapter 394. |
|
SECTION 26. Subchapter C, Chapter 391, Transportation Code, |
|
is amended by adding Section 391.0661 to read as follows: |
|
Sec. 391.0661. APPLICABILITY OF LICENSE. In addition to |
|
authorizing a person to erect or maintain outdoor advertising, a |
|
license issued under this chapter authorizes a person to erect or |
|
maintain an off-premise sign under Chapter 394. |
|
SECTION 27. Section 394.005, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 394.005. DISPOSITION OF FEES. Money the commission |
|
receives [A registration fee collected] under this chapter [Section
|
|
394.048 by the commission] shall be deposited to the credit of the |
|
state highway fund. |
|
SECTION 28. (a) Subchapter A, Chapter 394, Transportation |
|
Code, is amended by adding Section 394.006 to read as follows: |
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Sec. 394.006. COMPLAINTS; RECORDS. (a) The commission by |
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rule shall establish procedures for accepting and resolving written |
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complaints related to signs under this chapter. The rules must |
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include: |
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(1) a process to make information available describing |
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the department's procedures for complaint investigation and |
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resolution, including making information about the procedures |
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available on the department's Internet website; |
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(2) a simple form for filing complaints with the |
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department; |
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(3) a system to prioritize complaints so that the most |
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serious complaints receive attention before less serious |
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complaints; and |
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(4) a procedure for compiling and reporting detailed |
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annual statistics about complaints. |
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(b) The department shall provide to each person who files a |
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written complaint with the department, and to each person who is the |
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subject of a complaint, information about the department's policies |
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and procedures relating to complaint investigation and resolution. |
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(c) The department shall keep an information file about each |
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written complaint filed with the department that the department has |
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authority to resolve. The department shall keep the following |
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information for each complaint for the purpose of enforcing this |
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chapter: |
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(1) the date the complaint is filed; |
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(2) the name of the person filing the complaint; |
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(3) the subject matter of the complaint; |
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(4) each person contacted in relation to the |
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complaint; |
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(5) a summary of the results of the review or |
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investigation of the complaint; and |
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(6) if the department does not take action on the |
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complaint, an explanation of the reasons that action was not taken. |
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(d) If a written complaint is filed with the department that |
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the department has authority to resolve, the department, at least |
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quarterly and until final disposition of the complaint, shall |
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notify the parties to the complaint of the status of the complaint |
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unless the notice would jeopardize an ongoing department |
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investigation. |
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(b) The commissioner of transportation shall adopt rules |
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under Section 394.006, Transportation Code, as added by this |
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section, not later than September 1, 2012. |
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SECTION 29. The heading to Subchapter B, Chapter 394, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER B. LICENSE AND PERMIT FOR OFF-PREMISE SIGN |
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SECTION 30. (a) Subchapter B, Chapter 394, Transportation |
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Code, is amended by adding Sections 394.0201, 394.0202, 394.0203, |
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394.0204, 394.0205, 394.0206, 394.0207, 394.027, 394.028, and |
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394.029 to read as follows: |
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Sec. 394.0201. ERECTING OFF-PREMISE SIGN WITHOUT LICENSE; |
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OFFENSE. (a) A person commits an offense if the person wilfully |
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erects or maintains an off-premise sign on a rural road without a |
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license under this subchapter. |
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(b) An offense under this section is a misdemeanor |
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punishable by a fine of not less than $500 or more than $1,000. Each |
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day of the proscribed conduct is a separate offense. |
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(c) A person is not required to obtain a license to erect or |
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maintain an on-premise sign. |
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Sec. 394.0202. ISSUANCE AND PERIOD OF LICENSE. (a) The |
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commission shall issue a license to a person who: |
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(1) files with the commission a completed application |
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form within the time specified by the commission; |
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(2) pays the appropriate license fee; and |
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(3) files with the commission a surety bond. |
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(b) A license may be issued for one year or longer. |
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(c) At least 30 days before the date on which a person's |
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license expires, the commission shall notify the person of the |
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impending expiration. The notice must be in writing and sent to the |
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person's last known address according to the records of the |
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commission. |
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Sec. 394.0203. LICENSE FEE. The commission may set the |
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amount of a license fee according to a scale graduated by the number |
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of off-premise signs and units of outdoor advertising under Chapter |
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391 owned by a license applicant. |
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Sec. 394.0204. SURETY BOND. (a) The surety bond required |
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of an applicant for a license under Section 394.0202 must be: |
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(1) in the amount of $2,500 for each county in the |
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state in which the person erects or maintains an off-premise sign; |
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and |
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(2) payable to the commission for reimbursement for |
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removal costs of an off-premise sign that the license holder |
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unlawfully erects or maintains. |
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(b) A person may not be required to provide more than |
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$10,000 in surety bonds. |
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Sec. 394.0205. RULES; FORMS. (a) The commission may adopt |
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rules to implement Sections 394.0201(a), 394.0202, 394.0203, |
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394.0204, and 394.0206. |
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(b) For the efficient management and administration of this |
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chapter and to reduce the number of employees required to enforce |
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this chapter, the commission shall adopt rules for issuing |
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standardized forms that are for submission by license holders and |
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applicants and that provide for an accurate showing of the number, |
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location, or other information required by the commission for each |
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license holder's or applicant's off-premise signs or outdoor |
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advertising under Chapter 391. |
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(c) The commission may not adopt a rule under this chapter |
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that restricts competitive bidding or advertising by the holder of |
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a license issued under this chapter other than a rule to prohibit |
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false, misleading, or deceptive practices. The limitation provided |
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by this section applies only to rules relating to the occupation of |
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outdoor advertiser and does not affect the commission's power to |
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regulate the orderly and effective display of an off-premise sign |
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under this chapter. A rule to prohibit false, misleading, or |
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deceptive practices may not: |
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(1) restrict the use of: |
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(A) any legal medium for an advertisement; |
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(B) the license holder's advertisement under a |
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trade name; or |
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(C) the license holder's personal appearance or |
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voice in an advertisement, if the license holder is an individual; |
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or |
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(2) relate to the size or duration of an advertisement |
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by the license holder. |
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Sec. 394.0206. REVOCATION OR SUSPENSION OF LICENSE; APPEAL. |
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(a) The commission may revoke or suspend a license issued under |
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this subchapter or place on probation a license holder whose |
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license is suspended if the license holder violates this chapter or |
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a rule adopted under this chapter. If the suspension of the license |
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is probated, the department may require the license holder to |
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report regularly to the commission on any matter that is the basis |
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of the probation. |
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(b) The judicial appeal of the revocation or suspension of a |
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license must be initiated not later than the 15th day after the date |
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of the commission's action. |
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(c) The commission may adopt rules for the reissuance of a |
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revoked or suspended license and may set fees for the reissuance. |
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(d) The commission may deny the renewal of a license |
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holder's existing license if the license holder has not complied |
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with the permit requirements of this chapter or Chapter 391. |
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Sec. 394.0207. APPLICABILITY OF LICENSE. In addition to |
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authorizing a person to erect or maintain an off-premise sign, a |
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license issued under this chapter authorizes a person to erect or |
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maintain outdoor advertising under Chapter 391. |
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Sec. 394.027. DENIAL OF PERMIT; APPEAL. The commission may |
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create a process by which an applicant may appeal a denial of a |
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permit under this subchapter. |
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Sec. 394.028. FEE AMOUNTS. The license and permit fees |
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required by this subchapter may not exceed an amount reasonably |
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necessary to cover the administrative costs incurred to enforce |
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this chapter. |
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Sec. 394.029. EXCEPTIONS FOR CERTAIN NONPROFIT |
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ORGANIZATIONS. (a) The combined license and permit fees under |
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this subchapter may not exceed $10 for an off-premise sign erected |
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and maintained by a nonprofit organization in a municipality or a |
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municipality's extraterritorial jurisdiction if the sign relates |
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to or promotes only the municipality or a political subdivision |
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whose jurisdiction is wholly or partly concurrent with the |
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municipality. |
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(b) The nonprofit organization is not required to file a |
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bond as provided by Section 394.0202(a)(3). |
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(b) The change in law made by Section 394.0201, |
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Transportation Code, as added by this section, applies only to an |
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off-premise sign erected or for which the permit expires on or after |
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the effective date of this Act. An off-premise sign for which a |
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permit is issued before the effective date of this Act is covered by |
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the law in effect when the permit was issued, and the former law is |
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continued in effect for that purpose. |
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SECTION 31. Section 394.050, Transportation Code, is |
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amended to read as follows: |
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Sec. 394.050. [BOARD OF] VARIANCE. The commission or a |
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person designated by the commission [commission shall provide for a
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board of variance that], in an appropriate case and subject to an |
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appropriate condition or safeguard, may make a special exception to |
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this chapter regarding a permit for an off-premise outdoor sign on a |
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rural road. |
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SECTION 32. Sections 394.082(a) and (d), Transportation |
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Code, are amended to read as follows: |
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(a) In lieu of a suit to collect a civil penalty, the |
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commission, after notice and an opportunity for a hearing before |
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the commission, may impose an administrative penalty against a |
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person who [intentionally] violates this chapter or a rule adopted |
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by the commission under this chapter. Each day a violation |
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continues is a separate violation. |
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(d) Judicial review of an appeal of an administrative |
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penalty imposed under this section is under the substantial |
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evidence rule [by trial de novo]. |
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SECTION 33. Subchapter D, Chapter 472, Transportation Code, |
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is amended by adding Section 472.035 to read as follows: |
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Sec. 472.035. COORDINATION WITH DEPARTMENT TO DEVELOP |
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LONG-TERM PLANNING ASSUMPTIONS. Each metropolitan planning |
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organization shall work with the department to develop mutually |
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acceptable assumptions for the purposes of long-range federal and |
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state funding forecasts and use those assumptions to guide |
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long-term planning in the organization's long-range transportation |
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plan. |
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SECTION 34. Chapter 544, Transportation Code, is amended by |
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adding Section 544.013 to read as follows: |
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Sec. 544.013. CHANGEABLE MESSAGE SIGN SYSTEM. (a) In this |
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section, "changeable message sign" means a sign that conforms to |
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the manual and specifications adopted under Section 544.001. The |
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term includes a dynamic message sign. |
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(b) The Texas Department of Transportation in cooperation |
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with local governments shall actively manage a system of changeable |
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message signs located on highways under the jurisdiction of the |
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department to mitigate traffic congestion by providing current |
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information to the traveling public, including information about |
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traffic incidents, weather conditions, road construction, and |
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alternative routes when applicable. |
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SECTION 35. Subchapter A, Chapter 621, Transportation Code, |
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is amended by adding Section 621.008 to read as follows: |
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Sec. 621.008. STUDY REGARDING OVERSIZE AND OVERWEIGHT |
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VEHICLES. (a) The department shall conduct a study to determine |
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improvements to the regulation of oversize and overweight vehicles. |
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(b) In conducting the study, the department shall consider: |
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(1) prohibiting overweight vehicles or vehicle |
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combinations from traveling on state highways if the vehicle or |
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combination will cause damage to a road or bridge, based on the |
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weight or load specifications to which the road or bridge was built; |
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(2) requiring each applicant for a permit under |
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Chapter 623 to pay a graduated highway maintenance fee based on |
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weight and the amount of damage done by the permitted vehicle or |
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vehicle combination to roads and bridges; |
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(3) requiring each fee collected for an overweight or |
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oversize vehicle permit to be deposited in the state highway fund; |
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(4) eliminating all exemptions for overweight |
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vehicles; and |
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(5) the feasibility and impact of different approaches |
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to regulating oversize and overweight vehicles that would help |
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reduce damage to roads and bridges and provide increased funding |
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for maintenance costs in the future. |
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(c) Not later than December 31, 2011, the department shall |
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report the results of the study conducted under this section to the |
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governor, the lieutenant governor, the speaker of the house of |
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representatives, and the appropriate oversight committee of each |
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house of the legislature. |
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(d) This section expires September 1, 2012. |
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SECTION 36. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2011. |